Marriages are usually introduced by the richer spouse in order to protect their wealth at the expense of the poorer partner, who brings to the marriage a considerable value that cannot be quantified. [2] Sheri Stritof `The History of Prenuptial Agreements` 08/04/19: www.thespruce.com/history-of-prenuptial-agreements-2302015 (access 21/09/19) The crucial point is that, like any other type of contract, the marriage agreement must be a “valid” contract before being applied by the court. Divorce has become a feature of our society; the foundations of the unpopular nature of The Prenup in Nigeria no longer exist. There are many reasons why you should consider a marriage agreement before marriage or, at the very least, have a clear discussion on real estate and finance issues. A conjugal agreement, commonly known as “Prenup,” is a written legal contract between two people who leave just before marriage. It clearly defines the ownership of property before marriage; How future benefits should be treated and the possible distribution of wealth if marriage did not exist. Today, unlike in the days of our fathers, people have second legal and later marriages. In these circumstances, a prenup protects the estate rights of children from a previous marriage. Parents can also use Prenup to protect their children`s wealth by ensuring that children sign the agreement before marriage. No parent wants the work of their life to go to someone who could have cheated on their child with love conversations. In radmacher v.
Granatino,[2] the Supreme Court of the United Kingdom upheld a prenupe that protected a woman`s fortune of 106 million pounds. Simply put, this means that although the matrimonial agreement is a valid treaty in Nigeria, its applicability depends largely on the court. In Nigeria, after the dissolution of a marriage, the final decision on the installation of property and property is before the court, as such, it is a judge who has the final decision. If the parties have voluntarily entered into an agreement and there is no way that such an agreement was entered into by fraud, error, deception or misrepresentation, they are bound by the terms of the agreement. In addition, marital agreements must not be valid before the law, but must not promote notions contrary to public policy. A contract may be contrary to public policy, either because of the nature of the acts to be performed or because of the nature of the consideration. In the case of Huebner/Aeronautical Industrial Engineering and Project Management Co Ltd (AIEP/DANA),[12][12] the courts will not apply a public service contract, which was concisely clarified when it was clearly established that [16] the MCA entered into agreements between the parties before or after the marriage. In some sections, it is called ante-nuptial or post-nuptial billing. See sections 16 (1) (f), 19, 72 (2), 73 (1) (k) of the MCA.
A pre-marital contract is often referred to as a “marital agreement” or “prenup.” It is an agreement between two people (although they are still cooperative) that defines their rights and obligations in marriage or in the unlikely divorce case. Of course, cultural beliefs, especially in a country like Nigeria, will influence people`s opinions on these kinds of agreements. However, a prenup should not be considered a contract that is entered into because the parties are considering or have anticipated a divorce. In the context of marriage and heritage planning, marital agreements, if well done, can be a useful tool to address the financial and legal consequences of marriage in Nigeria. Readers are advised to seek informed legal advice. In Nigeria, in the event of a divorce and in the absence of prior agreement, the establishment of real estate relies largely on the court`s assessment. The reality is that there is no specific yard stick on which this discretion is applied.